Terms of Service

Effective Date: April 25, 2026 Last Updated: April 25, 2026 Version: 1.0.0

These Terms of Service (the "Terms") form a binding legal agreement between you ("you," "your," or "Customer") and ClearDeduct ("ClearDeduct," "we," "our," or "us"). They govern your access to and use of the ClearDeduct mobile application, website at cleardeduct.com, and any related services we provide (collectively, the "Service").

Read these Terms carefully. They contain important provisions, including a binding arbitration agreement and a class-action waiver in Section 18.

By creating an account, downloading the app, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You may use the Service only if:

• You are at least 18 years old.
• You are legally capable of forming a binding contract under California law.
• You are not barred from using the Service under the laws of the United States or your jurisdiction.
• You will use the Service to manage rental property you legally own or are authorized to manage.

If you are using the Service on behalf of a business entity, you represent that you have authority to bind that entity, and "you" refers to both you personally and the entity.

2. The Service

ClearDeduct provides software tools that help California landlords:

• Document rental property condition through timestamped photographs.
• Comply with California Assembly Bill 2801 (AB 2801) and Civil Code §1950.5.
• Generate move-in condition reports, pre-move-out inspection notices, and itemized deposit-disposition statements.
• Track the 21-day deposit-return deadline.

The Service is software. It is not a law firm. We do not provide legal advice. We do not represent you in disputes. Compliance with AB 2801 and any other law is your responsibility. See Section 12 (Disclaimer of Legal Advice).

We may add, modify, or remove features at any time. We will give reasonable advance notice of material changes that reduce functionality.

3. Account Registration

To use the Service you must create an account using a valid email address. You agree to:

• Provide accurate and complete information.
• Keep your password confidential.
• Use a strong password (at least 12 characters).
• Notify us promptly of any unauthorized access.

You are responsible for all activity on your account. We may suspend or terminate accounts that show signs of unauthorized use, fraud, or violation of these Terms.

4. Subscription Plans, Free Trial, and Billing

4.1 Plans and Pricing

Subscription plans, features, and pricing are described on our website and in the app. We may change pricing prospectively with at least 30 days' notice. Price changes do not affect the current paid term of your subscription.

4.2 Free Trial

We may offer a free trial (currently 14 days) at our discretion. To activate a trial you must provide a valid payment method. If you do not cancel before the trial ends, the subscription will automatically convert to a paid plan at the then-current price.

4.3 Billing

• All payments are processed by Stripe, Inc. Your card information is handled by Stripe under their terms; we do not store full card numbers.
• Subscriptions renew automatically at the end of each billing period (monthly or annual) until cancelled.
• All fees are stated in U.S. Dollars and are exclusive of taxes. You are responsible for any applicable sales, use, value-added, or similar taxes.
• Payments are non-refundable except as required by law or as expressly stated in Section 4.4.

4.4 Refunds

• Annual subscriptions: if you cancel within 30 days of an annual purchase or renewal, we will refund the unused portion on a pro-rata basis upon written request to billing@cleardeduct.com.
• Monthly subscriptions: non-refundable; you retain access through the end of the current billing period.
• Free trial: if you are charged after a trial because you forgot to cancel, contact us within 7 days of the charge and we will refund it as a one-time courtesy.

4.5 Failed Payments

If a payment fails, we will retry up to 3 times over 7 days. If payment is not received, your account will be downgraded to read-only access. Photos and inspections remain accessible (read-only) but new inspections cannot be created until billing is resolved. Read-only access is preserved for the AB 2801 retention period regardless of subscription status.

4.6 Cancellation

You may cancel your subscription at any time via Settings → Billing → Cancel Subscription or by emailing billing@cleardeduct.com. Cancellation takes effect at the end of the current billing period. After cancellation, your account moves to read-only mode; you can still view, download, and export your data.

5. Your Content

"Your Content" means the photos, inspection notes, deduction line items, contractor invoices, tenant contact information, and other data you upload to the Service.

5.1 Ownership

You retain all rights, title, and interest in Your Content. ClearDeduct does not claim ownership.

5.2 License to Us

You grant ClearDeduct a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, process, and back up Your Content solely for the purposes of providing the Service to you and complying with our legal obligations. This license terminates when you delete the content, except for backup copies retained for the periods stated in Section 7.

5.3 Your Responsibilities

You represent and warrant that:

• You have the legal right to upload Your Content (including photographs of rental properties).
• You have obtained any required consents from other persons depicted in or identifiable through Your Content.
• Your Content does not violate any third party's rights, including privacy, publicity, intellectual-property, or contractual rights.
• Your Content complies with applicable laws.

We are not obligated to monitor Your Content, but we may review and remove content that, in our reasonable judgment, violates these Terms or applicable law.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or to violate the rights of any third party.
• Upload content that is fraudulent, defamatory, harassing, threatening, or infringing.
• Falsify or alter timestamps, GPS data, or photographic evidence to deceive any party (this defeats the entire purpose of AB 2801 compliance and is a material breach of these Terms).
• Reverse-engineer, decompile, or attempt to extract source code, except where this restriction is prohibited by applicable law.
• Probe, scan, or test the vulnerability of our systems without our prior written authorization (responsible-disclosure reports to security@cleardeduct.com are welcome).
• Use the Service to send unsolicited bulk communications.
• Access the Service through automated means (bots, scrapers) other than the public REST API documented for your account.
• Resell, sublicense, or rent the Service to a third party without our written consent.
• Attempt to circumvent any usage limits or billing controls.

We may suspend or terminate access if you violate this Section.

7. Data Retention

ClearDeduct retains data per the schedule below, which is also documented in our Privacy Policy:

Even if you delete your account, photographs associated with a tenancy that has not yet reached its 4-year retention deadline will be retained in our archive (in encrypted, read-only form) until that deadline expires. This is required by law and is not optional. You may export your photos before deletion via Settings → Download My Data.

8. Account Termination

8.1 By You

You may close your account at any time via Settings → Delete My Account. Account closure starts a 30-day grace period during which the account is deactivated but recoverable. After 30 days, we permanently delete or anonymize your personal information, subject to the legal-retention requirements in Section 7.

8.2 By Us

We may suspend or terminate your account, with or without notice, if:

• You violate these Terms or applicable law.
• Your payment is overdue by more than 30 days.
• We are required to do so by a court order or government request.
• We discontinue the Service entirely (we will provide at least 90 days' notice and an option to export your data in this case).

If we terminate without cause, we will refund any prepaid fees on a pro-rata basis.

8.3 Effect of Termination

Upon termination, your right to use the Service ends immediately. Sections 5 (your content ownership), 7 (data retention), 11 (intellectual property), 12 (disclaimer of legal advice), 13 (warranty disclaimer), 14 (limitation of liability), 15 (indemnification), 18 (dispute resolution), and 19 (general) survive termination.

9. Confidentiality and Service Data

We will treat Your Content as confidential and use commercially reasonable efforts to protect it. We will not access Your Content except as needed to operate the Service, troubleshoot bugs you report, comply with law, or as you instruct.

10. Modifications to the Service

The Service is subject to change. We may add features, fix bugs, or remove functionality. We will give at least 30 days' notice of material reductions in functionality. Your continued use after a change constitutes acceptance.

11. Intellectual Property

The Service, including its software, design, branding, and documentation, is owned by ClearDeduct and is protected by United States and international copyright, trademark, and other intellectual-property laws.

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for the duration of your subscription, subject to these Terms. We reserve all rights not expressly granted.

"ClearDeduct," the ClearDeduct logo, and other product names are trademarks of ClearDeduct. You may not use them without our written permission.

12. Disclaimer of Legal Advice (CRITICAL)

ClearDeduct is software. ClearDeduct is not a law firm. ClearDeduct does not provide legal advice.

The Service includes templates, calculators, and informational content related to AB 2801 and California Civil Code §1950.5. This content is for general informational purposes only and is not legal advice. We make no representation that the templates or calculations satisfy the requirements of your specific situation.

You are solely responsible for:

• Determining whether your use of the Service complies with applicable law.
• Reviewing every report, notice, and statement before you send it to a tenant or third party.
• Consulting a licensed attorney for legal questions specific to your situation.

Use of the Service does not create an attorney–client relationship between you and ClearDeduct.

13. Warranty Disclaimer

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEARDEDUCT DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

We do not warrant that the Service will be uninterrupted, error-free, or fully secure, or that any defects will be corrected. We do not warrant that the Service will satisfy any particular regulatory requirement.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the above disclaimer applies only to the extent permitted.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• No indirect damages. ClearDeduct will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, even if we have been advised of the possibility of such damages.
• Aggregate cap. Our total cumulative liability arising out of or related to the Service or these Terms will not exceed the greater of (a) the amount you paid us in the 12 months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
• Failure of essential purpose. The limitations apply even if a remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

15. Indemnification

You agree to defend, indemnify, and hold harmless ClearDeduct, its officers, employees, contractors, and agents from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of or related to:

• Your Content.
• Your use of the Service.
• Your violation of these Terms.
• Your violation of any third party's rights, including privacy or intellectual-property rights.
• Your violation of applicable law (including AB 2801).

We will give you prompt notice of any claim, allow you to control the defense (with counsel reasonably acceptable to us), and reasonably cooperate at your expense. You may not settle any claim that imposes obligations on us without our written consent.

16. Third-Party Services

The Service integrates with third-party providers (Stripe, Supabase, Resend, Apple, Google). Your use of those services is subject to their terms and privacy policies. We are not responsible for the acts or omissions of third-party providers.

17. Export and Sanctions Compliance

You may not use the Service in violation of U.S. export laws, including the Export Administration Regulations and U.S. sanctions programs. You represent that you are not located in, or a national of, a country embargoed by the United States, and that you are not on any U.S. government list of restricted parties.

18. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

18.1 Informal Resolution

Before filing any formal claim, you agree to first contact us at legal@cleardeduct.com with a description of the dispute and the relief you seek. We will attempt to resolve the dispute informally within 30 days.

18.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or related to these Terms or the Service will be resolved by final, binding arbitration, except for the small-claims and equitable-relief carve-outs below. Arbitration will be administered by JAMS under its Streamlined Arbitration Rules in effect at the time of the demand.

• Location: the arbitration will be conducted in San Francisco, California, or by video conference at the arbitrator's discretion.
• Arbitrator: a single neutral arbitrator with at least 10 years' experience in technology or commercial disputes.
• Costs: each party pays its own attorneys' fees and one-half of the arbitration administrative fees, except where applicable consumer-protection law shifts costs to us.
• Decision: the arbitrator's decision is binding and may be entered in any court of competent jurisdiction.

18.3 Class-Action Waiver

YOU AGREE THAT ANY DISPUTE WILL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one party's claims and may not preside over any form of class proceeding. If this waiver is found unenforceable in a particular case, the entire arbitration agreement in this Section 18 will be null and void as to that case, and the dispute will proceed in court (subject to Section 18.5).

18.4 Carve-Outs

The following claims are not subject to arbitration:

• Small-claims court actions, provided the claim qualifies and remains in that court.
• Claims for injunctive or other equitable relief to protect intellectual-property rights.

18.5 Governing Law and Forum

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. For any claim not subject to arbitration, you and ClearDeduct consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

18.6 Opt-Out

You may opt out of the arbitration agreement in this Section 18 by sending written notice to legal@cleardeduct.com within 30 days of first accepting these Terms. The notice must include your name, account email, and a statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

18.7 Time Limit

Any claim arising out of or related to these Terms or the Service must be filed within one (1) year after the cause of action arose; otherwise, the claim is permanently barred.

19. General

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any order form or addendum we both sign, constitute the entire agreement between you and ClearDeduct and supersede any prior agreements on the subject matter.

19.2 No Waiver

Failure to enforce any provision is not a waiver of our right to enforce it later.

19.3 Severability

If any provision is held unenforceable, the remaining provisions will continue in full force, and the unenforceable provision will be reformed to the minimum extent necessary.

19.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or to a successor in connection with a merger, acquisition, or sale of assets.

19.5 Force Majeure

Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, acts of war or terrorism, internet outages, government actions, or labor disputes.

19.6 Notices

Notices to you may be sent to the email address on your account. Notices to us must be sent to legal@cleardeduct.com with a courtesy copy to our mailing address [TO BE FILLED — operating entity address required before launch].

19.7 Headings

Section headings are for convenience only and do not affect interpretation.

19.8 Independent Contractors

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

19.9 No Third-Party Beneficiaries

These Terms do not confer any rights on third parties.

19.10 Changes

We may update these Terms from time to time. If we make material changes, we will notify you by email and through the app at least 30 days before the changes take effect, except where shorter notice is required by law. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree, you must stop using the Service and may close your account.

20. Contact

Billing: billing@cleardeduct.com Legal: legal@cleardeduct.com Security: security@cleardeduct.com General Support: support@cleardeduct.com Mailing address: [TO BE FILLED — operating entity address required before launch]

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.